The Last-In, First-Out Policy Ain’t Exactly Last-In, First-Out

It’s been a month since the Asylum Division surprised us by changing from a first-in, first-out (FI-FO) system to a last-in, first-out (LI-FO) system. Under the new system, cases were supposed to be interviewed in the following order of priority: (1) Applications that were scheduled for an interview, but the interview had to be rescheduled at the applicant’s request or the needs of USCIS; (2) Applications that have been pending 21 days or less; and (3) All other pending affirmative asylum applications will be scheduled for interviews starting with newer filings and working back towards older filings. So in other words, the Asylum Offices would interview newly filed cases first; then, if they had extra time, they would interview recently filed cases, working their way backwards through the backlog.

How’s the new LI-FO system working out for you?

We’re now a month in, and the new system is not working exactly as advertised. In our office, for example, we had one client whose case was filed in mid-January 2018. The case was scheduled for an interview earlier this week (we postponed it, as we needed more time to gather evidence). This is about what we expected under the LI-FO system. Another client, whose case was filed in August 2014 was scheduled for an interview in mid-March. The Asylum Office mailed out the interview notice in mid-February, at a time when LI-FO should have been in place. This is not what we were expecting. So what the heck is happening?

It turns out that different Asylum Offices are implementing the LI-FO system in different ways. In a conference call with AILA (the American Immigration Lawyers Association), the Asylum Division informed us that if they do not have enough new cases to fill their schedule, Asylum Offices will interview cases from the backlog. The different offices apparently have the authority to decide which backlogged cases they will choose to interview–old cases, new cases or (I guess) whatever cases they feel like interviewing.

In my local office–Arlington, Virginia–it seems they are interviewing old backlog cases–from 2014. This is contrary to the interview priorities published on January 31, 2018, where the Asylum Division indicated they would work their way backwards through the backlog. It sounds like other Asylum Offices will interview newer backlogged cases–from January 2018 or December 2017, in conformity with the published priorities.

On one level, my preference is that the Asylum Offices interview older cases first, as that seems more fair. But frankly, at this point, my main concern is that they just make a decision and stick with it. It’s bad enough that the Asylum Division announced a surprise change and basically upended the expectations of asylum seekers (and their lawyers). But now, it seems they can’t even follow their own policy.

For advocates, including yours truly, this makes it very difficult to know how to prioritize cases and advise clients. Worse, so much uncertainty makes it even more difficult for asylum seekers to endure the long waits.

Of course, all things pass, and my guess is that we are currently in a period of transition. After the recent change to LI-FO, many attorneys and applicants stopped filing cases. Prior to the change, we were filing bare-bones asylum applications with the intention of finishing the cases later, as the interview date approached. But now, given the (supposed) short time between filing the case and receiving the interview, we have to file completed cases. It takes more time to prepare complete cases, and so we are adjusting how we do things. As a result, fewer cases are being filed and the Asylum Offices have a brief pause to work on backlogged cases.

However, once everyone re-calibrates, I expect the volume of new asylum applications will return to normal, and the Asylum Offices will probably be interviewing new cases, and maybe–if we’re lucky–some cases from the backlog.

Once things settle down, it would be nice to know how the different Asylum Offices plan to interview backlog cases going forward. That way, asylum seekers will have some idea what to expect, and attorneys can advise their clients and manage their caseload. In this sense, the now-defunct Asylum Office Scheduling Bulletin was quite helpful. At least we had some idea about what was going on.

My hope is that the Asylum Offices will choose to provide us with some information about how they are operating. This shouldn’t be all that difficult since each office has its own website. Indeed, whether they are moving through their backlog from oldest to newest or from newest to oldest, I don’t see why they can’t simply tell us where they are.

And while I’m wishing, maybe they can also give other useful information on their website, like the deadlines for filing evidence and the procedures for rescheduling, expediting, and short-listing. Repeat customers like me already know the rules, but pro se applicants don’t, and there is currently no easy way for them to find out. Why not simply post this information on the Asylum Office website for everyone to see?

I know that all this is probably asking for too much. I also know that the Asylum Offices are in a tough spot these days. The Trump Administration is clearly hostile to their mission of protecting bona fide refugees, and anything they do to make the process more user-friendly might come back to bite them. Also, they are potentially on the cusp of a massive surge in new cases, if nothing is done for DACA or TPS recipients. Nevertheless, it would be nice if they could follow the policy that they announced less than a month ago. Or, if they don’t plan to follow the policy, at least keep everyone informed about what they are doing.

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289 comments

  1. Hi Jason, I’ve a pending asylum case in court at Colorado and my individual hearing is scheduled on October 2020, it’s been like 4 years since I’ve been here, I’ve been separated from my wife ever since I got here, I’m desperate to see my wife somewhere other then my country of persecution, can I apply for advance parole in order to see her and come back,,,,,

    Reply
    • You cannot use AP if you have a court case. If you leave the US, you will have deported yourself. There is supposedly some way to get permission from DHS to travel, but I think that is basically impossible. Maybe have a lawyer explore the option for you. A better bet might be to try to expedite your court case – I wrote about that on April 20, 2017. It is not easy, but it is possible. Take care, Jason

      Reply
  2. Hello Jason,
    Do you have any idea why USCIS would exempt a 16-year-old boy from renewing his biometrics and still use his old ones instead? From what I know, anyone above 14 years of age must renew their fingerprints/biometrics. Thanks!

    Reply
    • They are now doing that in many cases, including for adults, so I do not think it is unusual. Take care, Jason

      Reply
  3. Just i want tell you
    My friend applied for asylum on Jan 16 2018
    And today he got his interview its on March 21 2018
    Chicago office
    He didnt do his fingerprint yet

    Reply
    • Thank you. He will probably get a fingerprint notice soon. If not, they take his fingerprints when he attends the interview. Take care, Jason

      Reply
  4. Dear Jason,

    Thank you very much for all the work you are doing! It really helps a lot of people and I am really thankful! I am really sorry to bother you with such trifles, but could you please clarify just one thing about submitting an application?

    It is said in instructions that I have to submit 2 copies + 1 additional for each family member. At the same time it is said that I MUST submit 2 copies of passports, 2 copies of evidence, 2 copies of marriage certificates.

    It simply says that I have to have 2+1 additional package for family member, which contain ONE copy of each document? Or one package should contain TWO copies of each document?

    Thank you very much!

    Reply
    • For the principal applicant, we submit an original and one copy. For family members, we submit a copy of the principal’s I-589, a signed page 9 of the dependent’s I-589 (with the dependent’s photo), a copy of the dependent’s passport and I-94, and a copy of the relationship document (marriage certificate or birth certificate of children). With the principal’s evidence, we also include copies of the dependents’ passports and relationship documents. Other documents may be needed for the dependent, depending on the case, so check the instructions to the I-589, available at http://www.uscis.gov. Take care, Jason

      Reply
  5. […] The Last-In, First-Out Policy Ain’t Exactly Last-In, First-Out (The Asylumist Blog, Feb. 2018) [text] […]

    Reply
  6. Dear Jason,

    Can you please tell me if it is possible to make the tranlsation BY MYSELF, but to include the Certification of Accurate Translation, so that a person who knows both languages can review and confirm that the translation is correct?

    I’ve seen it was mentioned on some site: “I, Rita Garcia hereby certify that I reviewed the attached documents and that to the best of my
    ability I certify that the English translation of the Spanish document is true and accurate. I further
    certify that I am competent in both English and Spanish to render and certify such translation”

    Will it be sufficient for asylum officer or I should refrain from doing this?

    Thank you very much for your help

    Reply
    • Our clients do that all the time. They translate the document, and then they have someone fluent in both languages review it and sign the certificate of translation (which should also include the address and phone number of the person who signs it). Take care, Jason

      Reply
    • I did the same, the AO rejected the documents and requested me to translate it from a third party.
      It was expensive to do that, but I did not have another choice

      Reply
  7. Dear Jason Dzubow, I’d like to share recent news about arrest of asylum seeker at an asylum office in in San Francisco. Caleb Arring, immigration attorney based in CA shared a FB post about arrest of his client Omer Abdelmaed. Mr. Arring explained in a Facebook post, as they began to leave, “someone who I assume is a supervisor at the asylum office came in with 3-4 ICE Officers. The ICE Officers put handcuffs on my client and said they were taking him into custody. I asked why. At first they wouldn’t even answer me.” Some believe that this highly provocative arrest is part of a pattern of blatant illegality on the part of ICE, which functions as a law unto itself. Can you comment on this news? http://www.ktvu.com/news/asylum-seeking-sudanese-man-arrested-by-ice-in-san-francisco

    Reply
    • I am aware of the case – it caused a minor panic when it happened. But the asylum applicant had an arrest warrant from UAE, and that seems to be the reason he was detained. I think it is not a reason for asylum seekers to worry, as few would have any criminal issues in the US or overseas. Take care, Jason

      Reply
      • My country people most of them have a arrest of warrant
        That the reason why they can not go back to my country

        Is that gonna be problem?

        Reply
        • If the arrest is for a crime, it might be. But if it is based on political issues, I do not think it would be a problem for the asylum case – we have many cases like that too, and there has never been an issue. Take care, Jason

          Reply
  8. Good morning Jason,

    Logically: if USCIS intention to deny cases, why decision is taking longtime? I heard if the Asylum Office asked to come and pick up decision after 2 weeks it is likely denial. Also there are cases it took months and years and then they mailed denial letter or referral, any explanation for that?
    I have friends who got approval from different offices based on their residential areas and all were mailed after few months

    Reply
    • I have not seen such a correlation. It makes sense logically, but logic does not always apply to USCIS. I will say that it is pretty rare to have a long-delayed case get denied, but it happens. We also get cases granted after two weeks. Take care, Jason

      Reply
  9. Hi Jason

    Hope all is fine with you

    Im pending asylum since last two years but i have friends in almost any part of the worlds! I often talks with thru Facebook or viber i hope it does not affect the background check up period!

    Do u suggest if keep talking with friends and family across different country of the world!

    Regards

    Reply
    • I think this is unlikely to have an effect, and it has never really been a concern. But these days, you never know. I wrote something related to this on March 15, 2017. Take care, Jason

      Reply
  10. Hey,
    Recently I’ve founded IT company(startup) and I’m thinking to expand business to Europe and Canada, which is mean I probably have to travel to those countries+ I’ve faced with some bank problem since I do not have a greencard.
    Is it good a reason to expedite my interview?

    Reply
    • You can try to expedite on that basis. The system is pretty random, so maybe it will work. I wrote about that on March 30, 2017. You might also try to get Advance Parole, so you can travel while the case is pending. I wrote about that on September 11, 2017. Take care, Jason

      Reply
  11. Dear,
    Thank you for your help.
    I expedited my asylum interview and my interview was before one week. This is the result of your effort. Again I want to say thank you.
    The interview was for about 3 hours and lastly he told me to come after two weeks to take my decision.
    Would they give me the decision at the time the officer stated? This is asking you because I read in this blog a lot of people are waiting for decision months even years.
    I need your say please.
    Thank you

    Reply
    • Which office?

      Reply
    • In my experience, in more than 50% of cases where the officers tells you “two weeks,” the officers calls and tells you that the decision will be mailed. If that happens, the wait may be fast or slow (or very slow). It has even happened a coupled times where the person went to pick up the decision and once they got to the office, they found it was not ready and would be mailed. In other words, you have to keep being patient. Hopefully you will get a good decision in two weeks. Let us know and good luck, Jason

      Reply
    • Hi kibr,

      What was the reason for your expedite case? Could you please share something?

      Reply
  12. Can you file I-730 if you have only recommended approval and final decision is pending?

    Reply
    • Unfortunately not – you have to wait for the final approval. Take care, Jason

      Reply
      • Hello Jason. How long does the process take from filing the I 730 forms to the time when the petitioned family members can travel to the US.

        Reply
        • The fastest we ever did that was 4 months. Normally, maybe it is 6 or 7 months, and I have seen cases take a year or more. Take care, Jason

          Reply
    • Hi. Can I ask you how long you wait final decision and which state?

      Reply
  13. Hello Jason,

    I’m moving to California ( LA ) from Colorado ( Denver ). I read somewhere on your blog that i will not have 150 days lock period for my EAD, can’t find it on your blog now. ( is it true ?).
    2) Also. I filled my case Feb 2015 with a lawyer in Denver. Can i leave this case with him, or should i just find a new one in California?

    Thank you!

    Reply
    • * My EAD will expire in November, and i think to send request for renewal in August. Moving to Califotnia 29th of March.

      Reply
      • For EAD renewal takes up to 7-8 months. You need to file earlier so you don’t get in trouble.

        Reply
      • You can send the renewal request up to 6 months in advance, and you should send it early, as renewals can take 6 or 7 months. Take care, Jason

        Reply
        • Hey Jason!
          Isn’t it that you can appply for a renewal not more than 120 days in advance?

          Reply
          • It is now 180 days, but I would be careful not to send it too early. Maybe send it 170 days in advance so there are no issues about filing too early. Take care, Jason

    • If you filed in 2015, you should be eligible for an EAD now, but maybe I do not understand your question. As for the case, if you move, you are required to change your address. Maybe if the move is temporary and you keep your CO address, you do not need to file a change of address. Ask the lawyer what he thinks about that. Take care, Jason

      Reply
      • Jason,

        I need to renew my current EAD by November.
        I heard that if i’ll change state and address ( So my case is moving from Houston Asylum Office to California), There’s some lock period for EAD renewal. Then i read on your blog that it’s cancelled, and no lock period because you changed offices. What is the current status of it?

        Thanks,

        Sorry for my English.

        Reply
        • There is no issue for renewals. But if you move, you have to change your address for the asylum case and the EAD case – use form AR-11, available at http://www.uscis.gov. Take care, Jason

          Reply
          • I think he’s talking about the “old rule” when if u changed office(moved to another state) your clock stops.
            As i know that rule doesn’t exist anymore and it never was for renewing ead. The rule was if u move your case to another jurisdiction before 150 days, you couldn’t apply for ead(1st one).

          • I think you a right. Thank you, Jason

          • Jason, if there is a gap between EAD renewals for the asylum applicant, is that a violation? My EAD expired in August and I applied for renewal in October and got the new card in mid-December – woukd that make a problem at any point of receiving further green card etc.?

          • I doubt it would ever make a difference in the real world, especially if the EAD is based on asylum pending. Take care, Jason

  14. Hello all the asylumists on this blog
    Whlie reading some of the comment I realized ,I have got some question that I have to ask.I used to be in Germany on one year student visa. I went back home few weeks later got in trouble I was going to be killed by the gov agent suspecting I was a threat due to my activities.I had to escape with my family.Me and my family fled separately . Amy wife and son came to the states and I had to return to the Germany with intention of filling asylum once I am there . But at the same time I was trying to bring my family from the US to Germany. A month later as my wife was seek I had to come to visit her her. At the port of entry they asked me where I live , said Germany, reason of visit , said visiting relative .But during that time It was all true as I had intention to stay rather to see a way taking my family from here to Germany . At the end of all , it all fail , I couldnt take them there. There was no way I could return and apply asylum in Germany leaving my family here alone ,with 4 year boy and a seek wife. I had to leave everything behind and apply asylum here. my question is , since I came through another country , the officer would ask me why I didnt stay there , and why I lied that I was here on visit to finally apply asylum , What should I answer if ever all those questions come up.
    thanks Jason

    Reply
    • They probably will ask you these questions. Tell the truth. As long as you do not have an offer of permanent status in Germany, you should be fine. Also, there is a BIA case called Matter of Pula that says if you lie to get a US visa, it does not block you from asylum. In your case, it sounds like you did not lie, but you had a change of plan once you arrived here. Make sure you have evidence about that (efforts to get visas to Germany for your family, medical documents for wife). You will also need to explain your return trip to your home country from Germany. You may want to have a lawyer assist you with all this because it is a bit much. Take care, Jason

      Reply
  15. hi Jason
    please help me with that
    we will have interview next weeks
    my problem is we have been in NY 2013 my wife was pregnant and when airport officer asked why we came to us we answered to visit
    my wife delivered my baby on medicate and we go back to my country . when it was impossible to live in my country we come bake to us and also the officer in airport asked us why came to us we answered visit friends and also asked if we paid for my son delivery we answer no so he told us we have to pay but we don’t tell now
    I had tow questions
    1- do you think in the interview( next week ) the officer can ask us about whet we answer the airport officer on the reason of come to us and about why we lied on him specially second time because we know we come to make asylum and if we get such question in interview what could be the good answer
    2- could that not payment for my son delivery make any problem in our asylum case
    pls if any one face such issue give me his experiment
    finely appreciate your care
    thanks

    Reply
    • 1 – They can ask about this. If you lie to flee your country because of a threat, it does not normally block you from asylum. There is a Board of Immigration Appeals case about that issue called Matter of Pula. 2 – I do not think so, but it may impact the officer’s decision about good moral character. Normally, that would not be enough to result in a negative decision. You might want to go over these issues with a lawyer to think about how to respond – especially the fact that you came to the US and then returned to your country. I suspect the officer will want to know why you went back, so you should be prepared to explain (and provide evidence, if any). Take care, Jason

      Reply
  16. Dear Jason,

    And the very last thing: Should I check the witholding of removal on i-589, if I don’t want it? I mean, I am very scared of coming back to my country, and will definetely not try to come back, but I also read your post of why you hate Witholding of removal, and I realized that I don’t really won’t to live like that untill the rest of my life.

    At the same time, the officer may ask me why I am not checking this box and imply that I don’t fear prosecution in my country? So, is it a good idea to check that box, even if I don’t really want it?

    Reply
    • Den,
      Please go out there and find a lawyer. With my very little experience, I trust it would be a very good idea if you worked with a lawyer. That is just my advice but I could also be wrong

      Reply
    • The box at the top of page 1 is for Torture Convention (you could say it is a type of WOR). We almost always check that box. I think there is no harm in checking it (or not). Typically, if you fear harm from your government, or if you fear torture or death from anyone, you can check it. Take care, Jason

      Reply
  17. Dear Jason,

    Could you please advice to which office I should file my case? The office locator https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=ZSY shows that I have to file to New Orleans office, but the instructions on form i589 https://www.uscis.gov/i-589 show that if I live in Lousiana I have to file the case to Houston office.

    Should I send it to New Orleans of Houston?

    Thank you very much!

    Reply
    • First-time applications are normally filed at the Service Centers; not the local offices. The instructions about direct mailing addresses tell you which service center. Take care, Jason

      Reply
  18. Dear Jason,

    Could you please advice me on the very last step of the application? Unfortunately, I don’t have an opportunity to work with attorney at the moment, but I’ve carefully read many of your posts and comments, and hopefully, my application is good.

    My main concern is that if I should file my affidavit, witness letters, reports about the situation in my country WITH the needed number of copies of form i-589, or only after I receive an invitation for interview?

    I’ve read many info where attorneys recommended sending affidavits and all relevant info with indexed documents a week before an interview, but since the system has changed right now with The Last-In, First-Out policy, what would be the best way? To include all the documents all at once, or send additional package when I receive notice about interview?

    And I also know that I have to submit 2 copies for myself and 1 for my spouse, but DO I HAVE TO SUBMIT 3 copies of each of the additional information like reports (from Amnestry International or Human Rights Watch), whitness letters, medical documents, police reports? And the main concern is if I have to file them all at once, or as additional package before the interview?

    Thank you very much for your help!

    Reply
    • Now that the new policy is in effect, we will file all documents with the initial application. We submit 2 copies of everything, but you need additional copies for each dependent (spouse or children), as indicated in the instructions to the I-589. Take care, Jason

      Reply
  19. Hey Mr. Jason. This question is not in the right spot (sorry). I always used to trust you. My wife got green card from my asylum case and she is willing to visit home. Do you think she can visit home or she will face an issue when she comes back to US?

    Reply
    • If she was not the principal applicant, it is normally less risky for her to go to the home country, but it would depend on the case. I recommend you talk to a lawyer about the specifics of the situation before she travels, in order to minimize any risk. Take care, Jason

      Reply
  20. Hi.
    I have a question about the asylum office interview…i waiting for interview…and please tell me when I submit evidence in asylum office….

    Or It’s only submit in immigration court when my case transfer there….

    I am very confused…

    Reply
    • You should submit evidence to the Asylum Office. In my office (Virginia), we have to submit all evidence at least one week before the interview. Different offices may have different rules about this. Take care, Jason

      Reply
  21. hi Jason
    yo doing great helpful hear
    I had one question
    could we have a question in our interview about we came on b1/b2 visa and what we told the io in the airort when we enter us .
    could we accused of be lie if our answer is visit and please tell me what will be the best answer if we forced that questin

    Reply
    • You can be asked about the visa application and any questions at the airport. The best answer is to tell the truth. Even if you did lie to escape your country, normally, that would not block you from asylum. There is a case called “Matter of Pula” from the Board of Immigration Appeals that discusses that issue. Take care, Jason

      Reply
  22. Hi Jason,

    I forgot to share one important thing from my interview with you. I requested for expedite a year ago but not successful. later, I update my asylum statement with latest events happened to my patents because of me and I had good news coverage for that. I felt that even though the IO was tough, but he didn’t behave like he did not trust me, he was just tying to understand what happened to me before coming to the US. IO was very detail oriented and at one point, he asked my why I didn’t include the part of my story about my parents (which was happened during the time I requested for an expedite) in my expedite request? I told him that as far as I know family situation can be a strong reason for an expedite only if it is a spouse or children. Then he looked at my lawyer and said: you guys should have included that part in the expedite request because it is a humanitarian situation and asylum office takes that very seriously. He seemed to be suggesting that my expedite request could have been approved if we included that part in the request. looks like if any of our relatives (even if it is parents or brothers that we cannot bring here immediately) are endangered at home because of us and if we have some evidence, it should worth a try to request for expedite.

    Reply
    • Thank you. I think that is correct that you can include such info, but frankly, the officer’s comment was pretty obnoxious. It is always possible to second guess what you did, and to add something additional. If the asylum offices bothered to provide some guidelines for expediting cases, you and your lawyer could have reviewed those. But there are not really any guidelines, so we are all left in the dark. Perhaps it made your officer feel better about himself to make an insulting comment, but I find that unprofessional and disrespectful. Sorry for the rant, but such behavior from the officers is one of pet peeves. Fortunately, it is pretty rare. Take care, Jason

      Reply
  23. Hi Jason.
    We really appreciated your effort and help. One of my friend told me today there is increased in the denial cases if the applicant is doctor. Does that true? I am radiologist could my career affect my case?
    Much thanks

    Reply
    • Never herd of this !!
      I’m a medical graduate (also couple of my friends) and won my case last year, but sure it takes time i applied back in 2014.

      Reply
    • I think your friend has no idea what he/she is talking about. There are no statistics available for asylum denial rates based on profession. Overall denial rates are up – I wrote about that on February 7, 2018. Take care, Jason

      Reply
  24. Hi all,
    How long does it take to process the advance parole?
    And Jason, I hope you can share any topic about the decision delay and pending due to background checking?

    Reply
    • AP can take a while – maybe 5 or 6 months or more. I have written about delay several times, but the most relevant was probably on October 20, 2015. Take care, Jason

      Reply
  25. Dear Jason!!

    I wanted to give you an update on transferring the case and the way the cases are being interviewed.
    We moved to a state connected to NJ asylum office, the case was physically moved within two weeks. The office was very responsive as to when the case was in transit and when it finally got there. Moreover, we had our case in Miami for two years and never received any notifications; while in NJ office we got mail I’m assuming on monthly basis, a general letter saying which period is being interviewed and they did request that anyone who was missed to let them know that their case should be considered in that time period.
    Moreover, they did comment on the new policy of January 29th saying they are still looking at 2015 cases till March 5th, then they will give priority to newly filed cases BUT they will still look at backlogged cases “as resources permit”.
    All in all, we did get invited to the interview in the end of March!! So, good luck to us, and huge THANK YOU Jason for all your advice and articles.

    Reply
    • In which year u had applied…my case is also in Newark office

      Reply
      • Early 2015

        Reply
        • I too have a very positive experience with Newark asylum office’s email response. They have been always very responsive for my emails.

          Reply
    • Thank you for letting us know, and good luck with your interview, Jason

      Reply
  26. hi Jason, been following your blog for a long time since applied for asylum!

    I’ve been in a tough situation
    applied for asylum in 2012,
    got an interview in 2016
    never got any decision letter in mail, (however I’ve made changes to AR-15)
    & Been monitoring court automatic system in regards to updates on my case, where I found out recently, that my case is in the system, without any scheduled date of hearing.

    due to family and business matters, I need to leave US – does it mean that I’m not be eligible for return anymore ?

    can I get a bar waiver or I still need to see the judge for that ?

    Reply
    • You should contact the asylum office to ask what happened. You can find their contact info if you follow the link at right called Asylum Office Locator. If you do have a case in Immigration Court, and if you leave, you will have deported yourself and you cannot return. It may be possible to travel if you get permission from DHS, but I think that will be very difficult. Talk to a lawyer if you want to try. Take care, Jason

      Reply
  27. Hello Jason,

    I have a Green Card based on Asylum grant. I wanted to apply for travel document I previously did have a travel document but it expired. So my question is do we need to include the copy of our old travel document while applying for the new one and is the copy need to be cover to cover ? Also is there any way one can travel to his home country from which he has sought refugee / asylum , what if someone’s family member is sick and need to be visited for a quick one week, is it something justifiable ? Also in part 4 of (travel document form I-131) they are asking us to list the countries that we want to visit, what if someone changes his travel plan after receiving the travel document and goes to a country which he did not list in Part 4, is this going to be a problem ?

    Thanks in advance for your help with this regard.

    Reply
    • Going back to the country you feared persecution from, could be considered a fraud by the Airport’s officer when you come back to US.

      Reply
    • 1 – You have to check the instructions. In the case where a copy is required, we normally only include the photo/bio page and the pages that have stamps. 2 – You can travel to your home country, but if you do, there is some risk of losing your status here or having other troubles. If you do travel home, make sure to have evidence so you are ready to explain why you went home. 3- We have never seen a problem for people who travel to countries not listed on the form, but these days, USCIS is being more strict, so if you do travel to a different country, you should be prepared to explain why you did not list that country on the form, just in case they ask. Take care, Jason

      Reply
  28. Hello Jason ! I have a something that I would like to ask before filling my i-485 form for green card ! I have enlisted in US army ( active duty) but I never went to basic training which means that before basic training you are not a really solder. I cancel my contract because I got hurt. My question is : Will i answer ” yes ” or “NO” on the question asking IF I have been in army or member of army group on I-485 ” QUESTION#55 ON I-485 ?

    Thank you JASON

    Reply
    • I can’t give specific advice on forms, but whatever you answer, you might just want to provide an explanation (maybe in the cover letter). As long as USCIS does not think you are trying to lie about the answer, you should be fine. Take care, Jason

      Reply
  29. Hi Jason,

    I applied for asylum based on two protected grounds (political opinion & race). I have full evidence for the political opinion, I am confident I can convince them with that. But I have nothing to prove my race.

    1. I want to remove/uncheck the race from my case/I-589 before interview. Can I do that and how. If yes, will the judge ask me why I removed it? will it negatively impact my case? Still I haven’t submitted my affidavit.

    2. What if I interviewed as it is and fully proved my political opinion but failed to prove my race will it be granted by my political opinion or rejected?

    Your valuable reply would be greatly appreciated.
    Thank you Jason for being the most helpful person for asylum seekers.

    Reply
    • 1 – You can do that at the interview, but even if you do not have evidence, you can still claim asylum based on race, if that is appropriate. I think if you remove it, it will not negatively impact the case, but I do not know your case, so I cannot say for sure. 2 – As long as you are granted for one or the other, you win asylum. When our clients have 2 (or more) bases for asylum, we normally use them all. Take care, Jason

      Reply
      • Thank you Jason.

        Reply
  30. Hello,

    Thank you Jason for your help. I am an ardent follower of this blog. I have a question. I had put my name late last year with my local asylum office to be in a shortlist. Today I received an email from them that they have an available interview slot in a few days.
    Due to certain challenges I cannot be able to attend the interview. Will this in any way affect my case if I turn down the interview slot?
    Thank you

    Reply
    • you can say no if you are not ready and it doesn’t have any effect on your case.

      Reply
    • It won’t affect the case, but you may be put at the end of the list. You might tell them that you cannot make it, but ask if they give you an interview soon and tell them you will be available. Maybe that would work. Take care, Jason

      Reply
    • Which office was your case? I am at Newark office short list since September 2016 and wondering when shall o hear from them. Anybody has useful information?

      Thanks!

      Reply
  31. Hi there! I need you help maybe one of you could help me to solve my problem. Filed an application in 2014, interviewed November 2017 and still waiting for decision. I’m ok with waiting but my problem is here:
    Me and my girlfriend together almost 12 years and we love each other since from school time. But we did not have time to get married. So all this 4 years my life in USA she waiting for me in my country. is there any option, except attempts to get visa, believe me we tried, how can i bring her to me? Given my situation!
    P.S. I know that every person has own problems with Asylum cases time waiting and my problem maybe for someone sounds like not too serious but I’m very serious right now and These were and still continue to be the most tough period in my life. I ask to show understanding.

    Reply
    • Asylum seeker, it sounds like your girlfriend has tried acquiring a visitor’s visa but was unsuccessful. If you have tried this route and it never worked out, you can also try meeting your girlfriend in what we call a third country. You would have to apply for advance parole- a document issued by DHS that allows you to travel abroad and return to the US- since you are an asylum applicant. You would be able to get married in the third country and then add her to your case. You will have to provide the USCIS with a copy of the marriage certificate, though.

      If you have any “criminal” record- and it could be very, very minor violations- I wouldn’t advise you travel. Furthermore, when you leave the US on documents such as advance paroles as an asylum applicant, you do so at your own risk.

      If you are an asylee, then you can use can use a refugee travel document (RTD) to meet in a third country. Traveling with the RTD is safer once there is no violations on your record. However, prepare to be questioned and scrutinized like you have never been.

      What would make this case more complicated- or unfortunate rather- is if you are LGBT. Most countries don’t recognize LGBT marriages; this would therefore limit your options.

      Jason will advise you further.

      Reply
      • Thank you.

        Reply
      • Hi Jamie,
        Are you saying that even with a RTD you are subject to thorough immigration questioning and evaluation? I thought with a RTD, as long as you do not return to the country of fear persecution and do not have a criminal record, you’re pretty fine. Being from one of the “banned” countries, I’m pretty worried.
        Regards,

        Reply
        • Celia,

          Yes, that’s exactly what I meant- especially given the current political climate and if you are from one of the banned countries. In the end, once everything is fine, they should let you back in the country. They should consider the grounds (persecution you might face if returned) on which you were allowed to stay in the US. Some people don’t experience much inconvenience. I think it’s safe to say that it’s also completely dependent on the immigration officer you go to.

          Reply
        • I have not seen or heard about anyone traveling with an RTD who was denied entry. I have heard about people receiving a more thorough and annoying inspection upon arrival. And it seems that Customs Offers often do not know what the RTD is. Although it may be a hassle, you should be able to re-enter and as I say, I have never heard about anyone being denied entry. Take care, Jason

          Reply
    • If you are legally married to her and your case is granted, you can file a petition to bring her to the US (form I-730, available at http://www.uscis.gov). The problem is that it seems you are not legally married. Maybe you can apply for Advance Parole (I wrote about that on September 11, 2017), meet her in a third country, get married, and return here. If you do that, and if your case is granted after you are married, you can then petition for her. I do not know if that is possible, but you might think about it. Otherwise, she needs to find her own way here, or if you are granted, you can marry her, get a green card, and then file for her, but that will take several years. Take care, Jason

      Reply
      • Thank you for responding. I will try every option.

        Reply
  32. Hi family,

    Does anyone know how I can report a tax preparer? He checked the box about me having insurance cover for the whole year, without my consent or knowledge.I discovered after he filed the tax.I did not have insurance at all for the whole year. I tried severally to get him to amend it, but he remained adamant.Now, I have received my refund, but I am not wired to seer my conscience with a lie hanging over my head. Is it safe to report him? I do not want to live with the lie .One of the times I asked him about amending the return, he said I was rambling. Jamie and Sarah, do you guys have information on this one? Jason I apologize that this is not related to the core of this blog.

    Reply
    • Dear Tina,
      I wanted to fillout my tax return online and found out that if I dont have any health insurance that will cause in penality! So I went to one guy working on this area and he wanted to do like in your case! I dont know they play with us just to get the money from the client! Assume I did that unknowingly I dont care much! I will point my finger to the expert!
      Anyway it is better to be cautious

      Reply
      • Don’t let him do that, if you have not already filed. Truth is, insurance penalty could be waived on grounds of hardship. I assume he is a half baked accountant/preparer, or likes coners.

        Reply
        • Corners

          Reply
    • Hey Tina,
      You can go for up to 90 consecutive days without insurance and not be required to pay a penalty on your federal income taxes.
      Maybe you were uninsured for less than that, so the accountant wasn’t required to report it?

      Reply
      • I was uninsured for the whole year.

        Reply
    • Tina, I can understand what you are saying. I would simply call IRS and tell them that I made a mistake when I was preparing my tax return application. Or tell them that the accountant who prepared it made the mistake. Ask them what to do in a situation like this. Believe me, they will tell you the right thing. If you don’t want to do this, ask another reputable tax representative. In these times, it is better to tell the truth than run into problems later. You don’t know what they (the current government) are going to come with next just to try and stop people from getting immigration statuses.

      Reply
      • Thanks!

        Reply
    • No worries – I do not know much about taxes, but I know you can amend/correct tax returns that are already filed. Why not find another preparer to help you fix it? Such a person might also know about how to report someone who does not follow the rules. Take care, Jason

      Reply
      • Thanks, Jason

        Reply
  33. Hi Jason,

    Can you please explain expediting a case to ge status due to professional reason? What does this mean?

    Reply
    • I wrote about expediting on March 30, 2017. If you have evidence from the employer that your career is impeded by not having asylum, maybe that is a basis to expedite. Take care, Jason

      Reply
  34. Jason, There was some tough questions to answer in the interview but I managed to answer them without proving too much evidence and the AO seemed to confirm that it is a reasonable explanation but not a string one. Now I found some very good documents to strongly support that what I have said in response to that questions were actually very common thing that happened to many people recently. Do you think it is possible to send A supporting document to them with a cover letter clarifying those confusions after the interview without receiving a formal RFE request from them?

    Reply
    • I do think that is possible (but if you have a lawyer, talk to the lawyer first). If you do that, make sure you provide a cover letter with your Alien number and – if you have it – the officer’s name and/or number. Tell them that you were interviewed on such-and-such date and that this is additional info for the case. Hopefully, they will get it to the officer quickly. Take care, Jason

      Reply
      • Thank you very much for the valuable advice as always Jason. God bless you!

        Reply
  35. hello, Jason
    i know it is out of.topic but i need your opinions , or.everyone who had the experience about travelling.to usa.
    Ive been to USA twice and my previous visit i stayed almost 6 months of my visa b2 , When i arrived at jfk i passed my Electronic clearance with No X sign, which is i went to officer with No computer or anything, so he just asked me directly how long u stay here etc and i went so so smooth , and one of my friend his clearance paper got Big X sign and he went to another line (same as others who got the X sign) with officer who has the computer, and my friend got questioned a lot and officer was typing a lot to his computer. but mine was so smooth. We both traveled twice to NY , 1st time we stayed around 3 months. and Now i already went Back to my own country. but the weird thing is, before 4years ago my 1st time came to usa , We everybody only had same line which was going to officer with their computer and record everything. But my last visit They only got their stamp and Let me pass with 3 simplequestions. why did my friend go to that scary line but i wasn’t? and what do you think If i wil come Back NEXT year with my previous visit almost.6months , will They question me a lot and be going to X sign line or what do u think, Jason?

    Thank you so much, IM waiting for ur feedback:)

    Reply
    • Lots of people esp from the ME share similar names or surnames with wanted or potential dangerous people, so usually officers do extra checking for security reasons .

      Reply
      • At first I though ME = Maine, but I realize it is the Middle East. I agree with you that such checks tend to be slower, especially for men. Take care, Jason

        Reply
        • lol my bad, yea i meant Middle East.

          Reply
    • I do not really know about this. You might want to talk to a lawyer in the US who specializes in non-immigrant visas. Take care, Jason

      Reply
  36. I did my interview yesterday at Newark, the interview was long for 3 hours (I did not use interpreter)
    Officer requested for evidence (he wanted true translation of some documents) and he requested a copy of my TPS renewal or anything states that it is pending (which was strange)
    My lawyer said request for evidence is good sign , if they want to deny your application they will not request for anything, also they said they will send decision by mail after two weeks from getting my evidences
    Any idea?
    I applied for asylum in 2015

    Reply
    • Hey, I believe it is a good sign too. Is your officer a young guy in 30s?

      Reply
      • He was a young man
        But I noticed there are other young men as well
        I am not sure if he was that person?!?

        Reply
        • if you were interviewed between 8:30 – 11:30 yesterday. it should be the same guy.

          Reply
      • He was blond with beard

        Reply
        • yes..exactly the same guy. i was interviewed right after you.

          Reply
          • oh wait,, mine was not actually blonde, dark hair, white with beard.

          • No
            He interviews me from 12:00 till 3:30 pm

    • I also had interview in Newark office exactly one month ago, and stayed for more than 3hrs. AO was really tough asked very detail and specific questions. Saying that, I am still waiting my decision. You never know until you get the decision.

      Reply
      • Ello, is that a young guys in 30s. I heard he is most toughest guy there. I found him to be very tough but not hostile and “too” professional.

        Reply
        • Yes he is young in his 30, black,very professional and tough. He was even well prepared, read my statements before the interview. He didn’t even need to refere the statements while asking. I was the only person stayed for more than 3 hrs that day. I was with my wife and two kids ( one only 4 months old), I felt like I stayed for 3 days. Let’s hope for good to come soon.

          Reply
          • He is different than mine according to what you described

    • I don’t know. I don’t really think a request for evidence if a good or bad sign, but I suppose they could have simply denied if that was their plan. As far as the decision time, hopefully it will be a good and fast decision, but there are often delays, and so you have to keep being patient. Good luck, Jason

      Reply
      • Thank you Jason
        But my question. Which surprised me and my lawyer that the officer is asking fromnproof of my TPS is renewed or pending, why he should ask for that? He can simply access my status and verify that!?

        Reply
        • I have seen them asking similar questions. I do not know why they ask those questions. Maybe it is easier to get it from you than to access it through their systems, but I am not sure. Take care, Jason

          Reply
    • Hi, I wish you positive decision on your case! Just want to know, what exactly they want from translation? What they mean by saying true translation? All my documents are translated by swarn certificate of translator, that he accurate in both languages, is that enaugh?

      Reply
      • That is what we submit – a copy of the original, the English translation, and a certificate of translation. It should be enough. Sometimes, the officers ask to see original documents, so if you have those, bring them to the interview. Take care, Jason

        Reply
    • Asylumasylum, your lawyer might be correct. Generally, if the asylum officer was going to refer your case, they would have done so without the translation/TPS renewal request. However, you can’t know for sure as he wanted the translation- or whatever evidence he is requesting- to see if it matches exactly with what you said. Remember that consistency is a big deal for asylum officers. It’s a good sign nonetheless.

      Reply
      • He is requesting translation of all non English stamps in my passport, beside proof I was enrolled in college for period of time (which were easy to obtain)

        Reply
  37. Well, it’s not true that this change came as a surprise. The office has been planing for quite sometime. In 2017 4th quarter stakeholder call, the headquarter indicates that it’s considering reverse back to a LIFO scheduling.
    In 1st quarter call, the headquarter also indicates that resources are allocated to interview legacy cases from the queue, outside normal scheduling priorities.
    What this means to me, is that for most of the cases, the Asylum office will schedule interviews based on published priorities. But there might be certain amount of legacy cases also got scheduled otherwise they might wait decades which is not very desirable.

    I agree with the headquarter that many applicants filed otherwise meritless applications just for the EAD. We shall see how the new scheduling priorities will help to address that.

    Reply
    • The fact that they indicating it was under consideration is not the same as announcing a policy, setting a time to implement, and then implementing it. Rumors notwithstanding, they surprised us with the decision and then implemented the policy retroactively rather than give people some warning so they could adjust their procedures. Whether this will reduce the number of fake cases, I have my doubts, but we will see. Take care, Jason

      Reply
  38. Hi Jason ,
    I am a asylum seeker filed my case in New Jersey sept 2015 and interviewed in 24th Jan 2018 , my interview happened for more than 3 hours with officer ,my attorney was happy the way i have handled the interview and 7th feb been to asylum office to take decision it been referred to immigration court, I have waited for my interview 30 months and now how long I have to wait for decision in court I don’t know , I have a serious Crohn’s disease more than 8 years and continues stress and tension it really getting worst since I have interview date scheduled .My family also not with me and my wife and 3 and half years old son staying in home country and still facing attack and threats also my son is having kidney disorder since he born. Is there any way I can bring my family for medical purpose now or any way I could expedite my case, things are so worst for me almost every night I am sleep less , please advise me what I can do right at moment .
    Regards
    Sudipta

    Reply
    • Hi Bhandary, I am so sorry for the result. I just finished my interview few days ago there and I heard someone way saying the officer was the “toughest guy” in the there. It took more or less 3 hours for me too and the interview was really tough! I believe I handled the questions very well like you and who know what happiness…but one thing I and my attorney both agree is: thou the officer is very tough, he was not hostile, he was just being too “professional” and when I explained the part that he is not very satisfied, he really patiently listened to me. I actually admire him for his dedication to his job and I believe no one with loopholes can pass his interview. I believe i have a very strong case and more than enough evidence to support the core of my statement ( for sure, I cannot provide evidence for everything I say). after the interview he was very open to me. he said he just want to close one gap and planning to ref (ask additional document from)
      me to clarify one very minor thing that happened to my wife unless he can make it clear by talking with my wife. Than my wife was interviewed for almost 40 minutes and according to my lawyer, she did pretty well and completely consistent with mine. it should be consistent since everything was real. Then the AO let me wait for 10 minutes to discuss with the supervisor about whether there will be a ref. Then he came back again and says they decided not to ref me for that now. if you don’t get ref for the next few days, you can come to pick up your decision in the notice date but if you receive ref, you should provide that and decision will be mailed to you. so anything might happen BUT, he told me exactly what part he needs to clarify and I told him that if it is REALLY necessary I can provide that document (because it is just about school documents to prove someone REALLY stayed there, which is a nothing-burger compared with what happened to me and what I provided as evidence ) . I am thinking if he wants to deny me, he would not want ref for that part but again no one knows what he was thinking. Jason.. what do you think about this Jason?

      Reply
      • Great to know that your interview went well, Allen.
        I would try not to read too much into the officer’s demeanor. Each officer has his/ her way of interviewing, and extracting and verifying information, but that should not affect the outcome. Some officers allow themselves to show some emotion and come off as compassionate, yet they end up rejecting the asylum claim — that’s what I’ve heard from fellow applicants.
        The important thing is that you and your wife have done your bests, and hopefully the outcome will be a positive one.
        Good luck with the decision waiting period. It’s a tough one!

        Reply
        • Hi Sara, Thank you very much for your response. Yeah, I felt that too. I had some solid part with solid evidences so that if just wrote them for my claim without other surrounding stories, I am sure there will not be any doubt about my claim.but as you say, no one know how each officer deal with the interview. The interview was much tougher than I expected. The officer asked me several logical questions that only a political expert can answer. I am a highly educated person and I read political articles everyday. So I was able to answer in alogical and academic way but I cannot imagine how an ‘average’ person can handle that questions. let’s just hope for the best and hope you can have your decision soon.

          Reply
          • Thanks! And I know what’s you mean. My officer was very nice and professional, and also super sharp. The interview was fair and his questions, which were smart and well thought-out, all followed a logical path. At one point he laughed a little, saying that I had already predicted his next question. I only did because it made sense for him to ask me about the details that he did. He basically grilled me about every aspect of my case, but it was something that was necessary, and definitely appreciated by me. My lawyer had no doubt that he would approve my case. Little did we know, I would end up in RA limbo 😏.
            I hope we hear some good news from you in a couple of weeks. 🙂

          • What* you mean.

          • Hi Allen hope every thing going well please when you applied asylum? and how old are you thank you for answer

          • Tooto, I applied in late 2016 and scheduled for an interview just by luck one month ago. I am not too young and not too old..

          • Allen, I know people who have very strong, genuine cases and still referred to court. What I realize is that some officers are just there to refer cases- despite the evidence. I think what we don’t understand is that they have the discretion to do whatever they want. Furthermore, not everyone who applies for asylum is eligible for asylum- even though they may have filed affirmatively.

            I have also heard of asylum officers who seem very empathetic and emotional and still end up referring the case to court. Likewise, I have heard of asylum officers who are tough and end up granting asylum. Using my interviewer, after my interview I was certain that I was going to be referred as the asylum officer was extremely tough and detailed in the questions over the 2.5-hour interview. The interviewer showed no emotions whatsoever. You can tell that she was just there to find out the truth and try to trip me up to see if I am lying.

        • A lawyer actually told me that he has seen a judge cry and deny a case.

          Reply
          • Jamie, Thanks for your kind response. I felt that too. As I said, my IO was really really tough guy,,I can see he is very tired at the end but he is still insisting that he wants to make one gap closed even though I had documents to fill that gap (not 100%).let’s see what happens

          • OMG that’s horrible

      • It’s strange ! My AO requested same document to provide that I was in school, even he had originals of my certificates

        Reply
        • looks like we are interviewed by the same AO ! we are also asked to provide this kind of document in the middle of the interview but after speaking with my spouse about the school history (which is 100 consistent with mine) and talking with his supervisor for about 5-10 minutes, he said they decided not to ask for additional document for now but it is possible during the next weeks.

          Reply
      • It sounds like it went well. Some offers seem to bend over backwards to deny, but they need a reason. Maybe you want to get the evidence anyway and submit it, even if he has not asked for it. That is a decision for you and your lawyer, depending on your assessment of what the officer wants, but you could try it, if you think it is appropriate. Good luck, Jason

        Reply
      • Hi Allen,
        Is your case in Newark office ! Did you received decision yet! thanks for your comment .

        Reply
    • Hi sudipta,
      The USCIS don’t believe the real thing.They also referred me to the court and I know my case was very strong then any case but USCIS don’t believe me.

      Take care

      Reply
      • If you don’t mind my asking, Where are you from? Did you apply as an LGBT asylum?

        Reply
      • Do you have a prove for the strong case. Do you have your news your name on a News.

        Reply
      • In general, it is usually easier to win a case with the court than at the asylum office, so hopefully you will have a better outcome with the judge. Take care, Jason

        Reply
      • Hi,
        Was your case in Newark office !!!!! thanks for your comment.

        Reply
    • Sorry for this news. You can try to expedite the court case – I wrote about that on April 20, 2017. You could try to bring your family here on a B visa, and if that does not work (and it probably won’t) you can try humanitarian parole, form I-131, available at http://www.uscis.gov, so your son can get medical treatment. That is not easy, but it may work. Maybe your lawyer can help with that. Good luck, Jason

      Reply
      • Hi Jason ,
        Thank you so much for Advice . Please tell me how can I contact you or your office. Can you also please tell me how tough is to get approval for humanitarian parole for my son treatment, he is having serious default with his kidney the disease technically Vesicoureteral reflux and he has injected deflux a ago to create a artificial valve in Utreus he is struggling and he need surgery or advance treatment . I am looking for serious help from professional specialist like you.
        Thanks and Regards

        Reply
        • I have not done a humanitarian parole application before, so you might be better off finding a lawyer who has more experience with that. If you want to contact me, my email is jdzubow@dzubowlaw.com. Take care, Jason

          Reply
  39. Hi Jason & members of Forum:
    IF an applicant is allowed to make correction/ change event dates in personal declaration/ personal statement before starting the interview on the interview day ??
    Your valuable reply would be appreciated ..
    Regards

    Reply
    • You can make such corrections – we do that at almost every interview. However, if it is major change in the story, you will need to explain why you got it wrong the first time. Take care, Jason

      Reply
      • There are 6 times Dates mistakes that caught my eyes in personal declaration And one time in I-589. Are these okay to be corrected without being asked proper explanation ??
        Regards

        Reply
        • It depends on the officer and on how big the mistakes are. Anyway, you should correct them at the interview, and you should be prepared to explain if they ask. Take care, Jason

          Reply
  40. Hi Jason,

    My asylum is pending in Boston and it has been 3 years now. I would like to expedite my case because i’m mentally very stressed. I would like to get your personal help to expedite the case if that is possible.

    Thanks

    Reply
    • We are backed up, but if you want to contact me for a consult, you can email me at jdzubow@dzubowlaw.com. Take care, Jason

      Reply
    • Welcome to the club. I hope I do not take my clothes off at the grocery store one day or do something drastic.

      Reply
      • And by something drastic, I meant,move back to ‘egypt’

        Reply
        • Mordor*

          Reply
  41. Hello Jason

    Can I share experience of my friend who had an interview recently in Anaheim, CA. He filed a 589 application in mid-January and around beginning of February they called him for an interview. He did not have enough time to prepare an affidavit, he had just 2 weeks to do it. He managed to prepare it however. The interview lasted for 1.5 hour, the interviewer asked about the authority of his paralegal etc. She also asked about small details, like the surname of his partner (he is LGBT). Therefore the new system works, at least what we see in Southern California. The Asylum Office is aggressively pushing new applications in front of any others. So guys please be ready – if you filed recently, they may call you soon.

    Reply
    • has he received a decision?

      Reply
      • not yet, but they promise handing the decision in mid-March

        Reply
    • Thank you for letting us know, Jason

      Reply
  42. Hi Jason,
    I went to my Lawyer last week. My Asylum case has been pending since October 2015 so I went to ask him about the new rules and he said they may call all the cases dating back from 2015 to now. He said we will get a finger print notice before they call us for the interview. So I want to hear your say on this, how true is this information.

    Thanks!

    Reply
    • There is nothing in the new rules that leads me to believe a 2015 case will be interviewed any time soon. You can request to expedite – I wrote about that on March 30, 2017. Also, we do not always receive an fingerprint notice prior to the interview. Sometimes we do, but often we do not. Take care, Jason

      Reply
    • Hi Kusher,

      Which asylum office is your case filed with?

      Thanks

      Reply
  43. Hi Jason,
    Hope you’re doing well. Two months ago, I mentioned to you an issue I had on my RTD (incorrect issuance date). Well, here is a little update, I sent the document back to USCIS for correction along with an explanation of the problem. After approximatively 45 days and multiple calls, It is now under review for correction. The bad news is, apparently there isn’t a way to expedite the case at this point, and nobody knows how long it might take. It’s been 6 months since I applied for it (fingerprint and everything) My father is very sick and I cannot travel. I feel like I’m in another backlog “again”.

    Reply
    • This is extremely frustrating. You might want to talk to a lawyer about traveling with your passport. There is some risk, but you have a real need to travel, and as long as you do not go to your home country you might be ok. If you do that, you should have evidence of your father’s health issues and the delay with the RTD. And since the risk may depend on the facts of your case, it is probably worth consulting with a lawyer to evaluate the case. Good luck, Jason

      Reply
      • 50 days after I sent it back, I “finally” received the RTD yesterday. Thank you, Jason.

        Reply
  44. What a heck is this? Oh my Gosh, Asylum is more than persecutions. If they can issue decisions for those awaiting for more than a year like me, that will bring solace. Again, thank you for the information

    Reply
    • Hopefully, they will issue the decision soon. If you have not contacted them lately, you might want to ask about the long delay. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
      • Thanks Jason. My lawyer keeps inquiring but without success. The long wait time is indeed the toughest period in the asylum process

        Reply
        • It’s really tough and so depressed

          Reply
  45. Thank you Jason.I am seriously thinking of getting out of here. Does anybody know how to get to Canada?

    Reply
    • I’ve been considering it. Unfortunately, you can’t until you get a decision here due to the safe country agreement. If you are denied asylum in the US, you could take a flight to your country of persecution through Canada and try to claim asylum at the Canadian airport.

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      • Thanks .i have been waiting more than 2 years, no interview yet.

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      • There are exceptions to that agreement, so talk to a lawyer in Canada if you think you want to go there. Take care, Jason

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    • Don’t give up, Tina. Don’t let them win. 💪🏻

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      • The unseen angel💕, Sara. One day, I wished I lived close to you. I wanted so badly to talk to a woman. Had no one who would understand. People pose as wanting to help, and in turn, add to your trauma. How would anyone believe that you have a ‘me too’ from a pastor. Who will believe you?

        Reply
        • We’re here for you, sis, and I believe you. 100 percent!
          You will get to present your case, and you will talk truthfully and from the heart like you always do on here, and you’re going to win. Just hang in there 🙂

          Reply
          • Thank you Jason for creating this blog. I feel I have a family.

          • Thank you. Hopefully the blog family does not drive you as crazy as my regular family does to me…

    • Although the Trump Administration is acting in a nasty, racist way, the asylum system is still functioning pretty normally. In the last two weeks, we’ve received two approvals (I think both from Iran – a “banned” country), so I would encourage you to hang in there, as it is still certainly possible to win cases. If you do want to go to Canada, talk to a lawyer there first before you go, as there are restrictions on seeking asylum in Canada if you were first in the US. Also, my associate wrote a blog post about that issue on March 31, 2016 – that may help. Take care, Jason

      Reply
      • Only 2 words come to mind “THANK YOU”

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      • Hi Jason, do you recall how long it took for these two cases from Iran to get a decision after their interview? Thanks for your time.

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        • I believe one of them was two weeks. The other, I do not remember. But I do not think that tells you much about other cases, as waiting time varies depending on the officer and the case. Take care, Jason

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  46. Hi, Jason! Is there any news regarding background checking after pass the interview (recommended approval) ? I’m waiting 3 month since I were interviewed.

    Reply
    • Took me a year between RA and getting the Approval letter, guess it depends on the country of origin.

      Reply
    • There is nothing new about background checks, as far as I know. You can contact the asylum office and inquire about the status of the case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
  47. Did they made any changes to timeline for the decision after the interview?
    Thanks in advance!
    Asylum seeker

    Reply
    • No, but if they are focusing on new cases, it might mean that cases pending decisions take longer. On the other hand, if they want to show that they are making progress, they might try to get all the interviewed cases decided, so they can demonstrate that they are completing cases. We’ll see. Take care, Jason

      Reply
  48. IN THE MIAMI ASYLUM OFFICE, THE INTERVIEW SCHEDULE NOT IS SO FAST, IN CONTRARY OF THE SHOWED IN NEW BULLETIN.ACTUALLY, THE LITTLE NUMBER OF NEW CASES CALLED TO INTERVIEW , MANY ARE REPROGRAMED AFTER, BECAUSE TO THE COLLAPSE OF PEOPLE AND LITTLE INTERVIEW PERSONAL

    Reply
  49. Hi Jason.
    Do you have any idea about Houston office and how there are working in their cases ?
    Thanks a lot

    Reply
    • Not yet. I have I more info about this policy, I will try to post it. Take care, Jason

      Reply
      • Thank you very much

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    • May i ask when you applied? I applied 1.5 years ago at Houston office too and haven’t been interviewed yet.

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      • I applied in recent December.

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  50. Any news on the Withholding of Removal cases? Any changes coming for this category?

    Reply
    • I have not heard about any proposals to change this category. Take care, Jason

      Reply

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